JANUARY 2015 MONTHLY VISA PRESENTATION

1. QUESTIONS

2. VISA UPDATES

3. SCENARIOS AND J-1 PROCESSES

QUESTIONS FROM ATTENDEES

VISA UPDATES CALIFORNIA SERVICE CENTER PROCESSING TIMES (FOR H-1B VISAS)

VISA UPDATES

17-MONTH STEM OPT EXTENSION AND WASHINGTON ALLIANCE OF TECHNOLOGY WORKERS LAWSUIT

ON OCTOBER 19, 2015, THE DEPARTMENT OF HOMELAND SECURITY PUBLISHED THE MUCH-ANTICIPATED PROPOSED STEM OPT RULE. THE PUBLIC WILL HAVE 30 DAYS (UNTIL NOVEMBER 18) TO COMMENT ON THE PROPOSED RULE.

DHS REQUESTED AN EXTENSION TO THE COURT’S DEADLINE

OIP UPDATES

NEW FORMS POSTED ON OIP WEBSITE FOR THE FOLLOWING CATEGORIES: LPR/O-1 REQUESTS: http://www.kumc.edu/international-

programs/inbound-programs/permanent-residency-requests.html

CONRAD 30 REQUESTS: http://www.kumc.edu/international-programs/inbound-programs/conrad-30-requests.html

H-1B QUESTIONNAIRES: http://www.kumc.edu/international-programs/inbound-programs/h-1b-employees/h-1b-visa-information-/h-1b-request-process.html

OIP SERVICE REQUEST: http://www.kumc.edu/international-programs/service-request-form.html

TRAVEL REGISTRATION: http://www.kumc.edu/international-programs/register-international-travel.html

LPR/O-1 REQUEST OVERVIEW

LPR IS EMPLOYMENT BASED LEGAL PERMANENT RESIDENCY MOST COMMON EMPLOYMENT BASED LPR INCLUDES TH FOLLOWING CATEGORIES:

EB-1: Outstanding Professor and Researcher, Multinational Manager or Executive

EB-2 (must have Labor Certification): Advanced Degree, Exceptional Ability,

EB-3 (must have Labor Certification): Skilled Workers, Professionals, Unskilled Workers (Other Workers)

Please note the following categories can be self-petitioned: EB-1: Extraordinary Ability, EB-2 National Interest Waiver (NIW)

LPR/O-1 REQUEST OVERVIEW

LPR REQUEST PROCESS:

ANY PERMANENT RESIDENCY PETITIONS REQUIRING UNIVERSITY SIGNATURE CAN ONLY BE FILED BY A UNIVERSITY APPROVED ATTORNEY UNIVERSITY APPROVED ATTORNEY:

BORDEAU IMMIGRATION LAW: JUDY BORDEAU, MANAGING ATTORNEY

PROCESS STARTS WITH

OIP

CONSULTATION WITH BORDEAU IMMIGRATION

LAW

SUBMIT LPR REQUEST FORM

+ LETTER OF SUPPORT +

CANDIDATE’S CV TO OIP

DR. KLEIN REVIEWS

REQUEST AND MAKES A DECISION

IF APPROVED, CONTACT BORDEAU

IMMIGRATION LAW TO OPEN

LPR CASE

LPR/O-1 REQUEST OVERVIEW

O-1 VISA: INDIVIDUALS WITH EXTRAORDINARY ABILITY OR ACHIEVEMENT PETITION IS SUBMITTED BY THE EMPLOYER ON THE BEHALF OF THE PROSPECTIVE EMPLOYEE

SUBSTANTIAL DOCUMENTATION MUST BE SUBMITTED TO PROVE THAT THE INDIVIDUAL “…SUSTAINED NATIONAL OR INTERNATIONAL ACCLAIM AND RECOGNITION FOR ACHIEVEMENT IN THE FIELD OF EXPERTISE…” – CFR 214.2(o)(3)(iii)

REQUEST TO PETITION FOR O-1 VISA MUST BE APPROVED BY DR. ROBERT M. KLEIN, VICE CHANCELLOR FOR ACADEMIC AFFAIRS

REQUEST PROCESS IS THE SAME AS LPR

SCENARIO 1

SCENARIO 1

J-1 PROGRAM OBJECTIVES The original program objective is important, since failing to maintain

the original program objective constitutes a violation of program status [22 C.F.R. § 62.45(d)(2) ]. Sponsors should work with the department or educational program that is inviting the exchange visitor, so that the program objective is adequately developed.

OTHER ISSUES: OBSERVING AND PERFORMING EXAMS ON PATIENTS TO HELP WITH CLINICAL STUDIES INCIDENTAL PATIENT CONTACT CLAUSE IN REGULATIONS

PATIENT CARE PROHIBITED BY J-1 REGULATIONS

22 C.F.R. § 62.10(d)(d) Monitoring of exchange visitors. Exchange visitors’ participation in their exchange program must be monitored by employees of the sponsor. Monitoring activities must not include any retaliation or discrimination against exchange visitors who make adverse comments related to the program. No sponsor or employee of a sponsor may threaten program termination, remove from the program, ban from the program, adversely annotate an exchange visitor’s SEVIS record, or otherwise retaliate against an exchange visitor solely because he/she has filed a complaint; instituted or caused to be instituted any proceeding; testified or is about to testify; consulted with an advocacy organization, community organization, legal assistance program or attorney about a grievance or other work-related legal matter; or exercised or asserted on behalf of himself/herself any right or protection. Sponsors must:(1) Ensure that the activities in which exchange visitors are engaged are consistent with the category and activity listed on their Forms DS–2019;

SCENARIO 1

TRANSFER PROCESS WHEN CHANGE IN LABS OR POSITIONS ARE CONSISTENT WITH PROGRAM OBJECTIVES

CONTACT OIPNEW SPONSORING DEPT. COMPLETES

EV DEPT. QUESTIONNAIRE

OIP APPROVES TRANSFER

EV RECEIVED UPDATED DS-2019

IF NECESSARY

EV THEN CAN START NEW

POSITION OR CHANGE LABS

SCENARIO 2

SCENARIO 2

OPTIONS CHANGE OF STATUS IN U.S.

COMPLETION OF FORM I-539 ($290 TO USCIS)

3-5 MONTHS TO BE PROCESSED/APPROVED BY USCIS

RISK OF DENIAL

CHANGE OF STATUS VIA CONSULAR PROCESSING PROSPECTIVE J-1 WILL NEED TO LEAVE THE U.S. AND APPLY FOR J-1 VISA THROUGH CONSULAR OFFICE NEAREST TO THEIR PLACE OF

RESIDENCE

ASSOCIATED U.S. EMBASSY FEES FOR J-1 VISA ($160 APPLICATION FEE)

RISK OF ADMINISTRATIVE PROCESSING

RISK OF DENIAL

SCENARIO 3

SCENARIO 3

NOTIFY SPONSORING DEPARTMENT AND OIP ABOUT VISA DELAYS

ADMINISTRATIVE PROCESSING CANNOT BE EXPEDITED ADMINISTRATIVE PROCESSING ARE ADDITIONAL BACKGROUND CHECKS CONDUCTED BY DOS

ON AVERAGE CAN TAKE 3-4 WEEKS BUT COULD BE MORE

EV MUST ARRIVE IN U.S. WITHIN AND NO LATER THAN 30 DAYS OF THE PROGRAM START DATE INDICATED ON DS-2019 (OTHERWISE RECORD AUTOMATICALLY BECOMES INACTIVE/NOT VALID) SPONSORING DEPARTMENT AND OIP MAY NEED TO AMEND START DATE ON DS-2019 FOR EV

AMENDED/UPDATED DS-2019 ORIGINAL DOCUMENT SHOULD BE SENT TO THE EV